It seems that a lot of people would rather accept a relatively high risk of unfair judgement from a human than accept any nonzero risk of unfair judgement from a computer, even if the risk is smaller with the computer.
How do we even begin to establish that? This isn't a simple "more accidents" or "less accidents" question, its about the vague notion of "justice" which varies from person to person much less case to case.
To be clear, federal judges do have their paychecks signed by the federal government, but they are lifetime appointees and their pay can never be withheld or reduced. You would need to design an equivalent system of independence.
The problem with a AI is similar; what in-built biases does it have? Even if it was simply trained on the entire legal history that would bias it towards historical norms.
Instead they are being “consistent” and the humans are not. Consistency has no moral component and llms are at least theoretically well suited to being consistent (model temperature choices aside)
Fairness and consistency are two different things, and you definitely want your justice system to target fairness above consistency.
I feel like this is really poor take on what justice really is. The law itself can be unjust. Empowering a seemingly “unbiased” machine with biased data or even just assuming that justice can be obtained from a “justice machine” is deeply flawed.
Whether you like it or not, the law is about making a persuasive argument and is inherently subject our biases. It’s a human abstraction to allow for us to have some structure and rules in how we go about things. It’s not something that is inherently fair or just.
Also, I find the entire premise of this study ludicrous. The common law of the US is based on case law. The statement in the abstract that “Consistent with our prior work, we find that the LLM adheres to the legally correct outcome significantly more often than human judges. In fact, the LLM makes no errors at all,” is pretentious applesauce. It is offensive that this argument is being made seriously.
Multiple US legal doctrines now accepted and form the basis of how the Constitution is interpreted were just made up out of thin air which the LLMs are now consuming to form the basis of their decisions.